Online platforms (such as search engines, social media, and e-commerce platforms) are playing an increasingly important role in our daily lives. However, current EU rules for digital services have remained largely unchanged since the adoption of the E-Commerce Directive in 2000, and there are significant discrepancies in how that Directive has been implemented across the EU.
The Commission announced a review of the internal market rules for digital services in its 2019 communication ,“Shaping Europe’s Digital Future.” Two public consultations were conducted, both of which concluded on September 8, 2020, with the following structure:
- Evaluation of the E-Commerce Directive and clarification of liability rules for digital services, and
- Possible introduction of an ex-ante regulatory instrument to monitor the practices of dominant platforms that have significant network effects and act as“gatekeepers.”
In October 2020, the study assessing the added value of the Digital Services Act for the EU was presented, and the European Parliament adopted a resolution on October 20, 2020, regarding the Digital Services Act and the issues raised concerning fundamental rights.
The next step will be the publication of the Digital Services Act, scheduled for December 9, 2020. We will need to pay close attention to its final text, particularly regarding the possible creation of national authorities empowered to take action against illegal content. What does seem clear is that freedom of expression cannot be used to sell counterfeit-branded products online.
Author: Juan José Caselles